Mass Claims

2022 nr. 2



M. de Monchy


Susanne Augenhofer
D. Duncan Fairgrieve
J. Kortmann
T. Schreiber
I. Tzankova



For Justice, Not Profit: Public Funding of Collective Redress

Jasminka Kalajdzic1

Third-party litigation funding (TPLF) is widely viewed outside of Canada and the United States as indispensable to a viable collective litigation regime. Australia, for example, has a robust TPLF industry that has funded hundreds of class actions.[2] TPLF has been addressed by the European Commission in its Recommendations on collective redress[3] and is the subject of much discussion in European academic circles.[4] In the absence of rules permitting lawyers to charge a contingency fee,[5] complex, expensive litigation on behalf of litigants with small value claims requires external fun... abonneren of dit artikel .

Encountering Class Actions in Swedish Law and Society

Michael Molavi1

Class actions in Sweden are not flourishing. This article examines why the oldest class action regime in Scandinavia has not developed into anything more than a peripheral addition to the Swedish legal landscape, drawing on relevant procedural, political, and sociological insights. It is divided into two sections that (1) analyse the reform process in the 1990s and latest developments, including main design points of the regime and how these impact collective access to justice for potential claims-makers, and (2) document the complex and at-times contradictory Swedish juridical field in ... abonneren of dit artikel .

Bundling of claims by way of assignment in Italy

Giorgio Afferni1

Bundling of claims by assignment (the so-called assignment model) is rapidly emerging in the European Union ("EU") as the favorite alternative to group actions for damages (either collective or representative).[2] This is particularly true for those Member States, such as Italy, that still do not have effective group action proceedings.[3] In this respect, it is noteworthy that the EU Antitrust Damages Directive leaves to Member States the decision whether to admit collective or representative actions for damages caused by infringement of competition law, but specifically recognizes the ... abonneren of dit artikel .

The role of class representatives in mass claims: Establishing the Class Repr...

Kate Wellington1

Opinion Piece   In 2015 a new Consumer Rights Act[2] entered the statute books in the UK. It propelled the country's consumer rights framework into the modern era, bringing together a variety of hitherto disparate rules and regulations. But tucked away at the back of the Act, in Schedule 8 on page 118, was something altogether new for UK consumers. Schedule 8 – entitled "Private Actions in Competition Law" – introduced[3] a collective redress mechanism under which claims relating to loss or damage caused by a breach of competition law could be joined to... abonneren of dit artikel .

VEB v BP: Centralisation of special jurisdiction in case of purely financial ...

Tess Bens1

Case Note: C-709/19, ECLI:EU:C:2021:377   The judgment of the CJEU in VEB v BP confirms that the occurrence of purely financial loss in a bank account or investment account is in itself insufficient to allocate jurisdiction on the basis of Article 7(2) of the Brussels Ibis Regulation to the courts of the Member State where that account is held.[2] Provided that these losses result from investment decisions taken as a result of misinformation spread on the secondary securities market by a listed company domiciled in a Member State, only the courts of th... abonneren of dit artikel .


Mass claims in competition law - a UK perspective

Sir Peter Roth1

The first attempt by the United Kingdom to introduce a provision for collective actions for competition claims was a failure.    In 2002, the UK competition legislation was amended to enable a designated body to bring claims on behalf of a group of consumers before the Competition Appeal Tribunal (the CAT).  However, this measure had two significant limitations.  First, such a "consumer claim" could be brought only after a decision by a competition authority (or specialist regulator) finding a violation:  stand-alone collective proceedings, in the absence of a prior infring... abonneren of dit artikel .

Country reports

England and Wales, Germany, Hungary, Ireland, Italy, the Netherlands, Spain   England and Wales Anna Dannreuther and Jackie McArthur Case law Município de Mariana and others v BHP Group (UK) Ltd (formerly BHP Group plc) and another [2022] EWCA Civ 951, [2022] 1 WLR 4691 This litigation concerns the collapse of the Fundão dam in south-eastern Brazil in November 2015. The Município de Mariana and other claimants brought claims under Brazilian law against an English and an Austr... abonneren of dit artikel .

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